Legality on formation of an association need advise
Mahesh Babu (HR)
(Querist) 25 January 2013
This query is : Resolved
Dear Members,
We are in a gated community, where there are about 450 flats of which 100 families have already occupied and another 50 likely to move in, in a month or two. That means we would have about 150 owners out of 450 flats, (currently the builder has sold only about 300 flats).
As the builder has defaulted in many of his promises, as individuals we are not able to represent our issues. When we asked the builder to form the association for the community, he simply says that only if two third 2/3 of owners occupy the association can be formed.
Need advise on this, is it true that a 2/3 mandatory to form any association.
Thanks
Mahesh
Hemant Agarwal
(Expert) 25 January 2013
1. Irrespective of anything, a minimum of 10 persons is lawfully sufficient to form an Association or a Society.
2. The Builders/ Developers consent is not required for the above.
Keep Smiling .... Hemant Agarwal
Raj Kumar Makkad
(Expert) 28 January 2013
You all can form the society and can make a representation to the registrar and may make complaint against the builder so that he may be directed to do needful.
Mahesh Babu (HR)
(Querist) 28 January 2013
Thanks Mr. Hemant Agarwal and Mr. Raj Kumar Makkad, we have a little clearity now, our builder was giving an different picture that only if two third owners occupy the flats, the association can be formed.
With both of your response we shall go ahead in forming our association
Thanks for your response...
Raj Kumar Makkad
(Expert) 28 January 2013
Most welcome Mahesh and if you further feel any problem, let us know so that you may be guided accordingly.
